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I. CHAPTER 18.08. DEFINITIONS
Union City Municipal Code (UCMC) Chapter 18.08, Definitions, is amended to rescind and replace the sections below as follows:
§ 18.08.205 Dwelling, accessory.
“Accessory dwelling unit” means the additional dwelling unit(s) on a lot, that contains a proposed or existing permitted single-family or multifamily dwelling meeting the criteria in Chapter 18.34, which has kitchen, sleeping and full bathroom facilities, and a separate external access.
“Accessory dwelling” (ADU) means an “accessory dwelling unit” as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(1) An efficiency unit.
(2) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
§18.08.206 Dwelling, junior accessory
“Junior accessory dwelling units (JADUs)” are units, up to 500 square feet, that are created within the walls of a proposed or existing single-family residence and contain a basic kitchen utilizing small plug-in appliances, JADUs share a bathroom with the primary dwelling.
“Junior accessory dwelling” (JADU) means a “junior accessory dwelling unit” as ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference:
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling City Council/RSA Agenda 158 Tuesday, March 11, 2025
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unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
II. CHAPTER 18.31. SB 9 SUBDIVISIONS AND DEVELOPMENT PROJECTS Chapter 18.31, SB 9 Subdivisions and Development Projects, is amended to modify the section below:
§18.31.020 Definitions.
For purposes of this chapter, the following definitions apply:
“Accessory dwelling unit” or “ADU”, means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons, is located on a lot with a proposed or existing primary residence, and is constructed pursuant to Chapter 18.34.
“Dwelling unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit or a junior accessory dwelling unit as defined in Chapter 18.3408. “Junior accessory dwelling unit” or “JADU” means a dwelling unit that is up to 500 square feet in size and contained entirely within an existing or proposed primary dwelling unit that provides an efficiency kitchen and a separate exterior entrance, and may include separate sanitation facilities, or may share sanitation facilities with the existing structure, and which is constructed pursuant to Chapter 18.34. “Primary dwelling unit” means the single-family residence on the property prior to the approval of an SB 9 unit or urban lot split.
“SB 9 housing development” means a project containing one or more SB 9 units and may include an urban lot split.
“SB 9 unit” means a dwelling unit that is developed pursuant to Government Code Section 65852.21 and/or constructed on a parcel created pursuant to Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter. “Urban lot split” means the subdivision of an existing parcel into two parcels pursuant to California Government Code Section 66411.7 and meeting all the criteria and standards set forth in this chapter.
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III. CHAPTER 18.32. RESIDENTIAL DISTRICTS
Chapter 18.32, Residential Districts, is amended to modify the section below:
§ 18.32.060 Site area per dwelling unit.
A. In the single-family residential districts, including the R, RS, RS(s), and 511 districts, no more than one principal dwelling unit and one accessory dwelling unit shall be located on each site unless otherwise permitted under Chapters
18.31, 18.34, or state law.
IV. CHAPTER 18.33. AFFORDABLE HOUSING
Chapter 18.33, Affordable Housing, is amended to modify the section below:
§18.33.020 Definitions.
For purposes of this chapter, each of the following terms is defined as follows:
“Accessory dwelling unit” means the additional dwelling unit(s) on a lot, that contains a proposed or existing permitted single-family or multifamily dwelling meeting the criteria in Chapter 18.34, which has kitchen, sleeping and full bathroom facilities, and a separate external access.
“Additions” are increases in habitable space to an existing building or structure. “Affordable housing program” means a method for providing the affordable housing units in the proposed project, a method for a payment in-lieu of providing affordable units, or a combination thereof, pursuant to Section 18.33.060(H). “Affordable unit” means an ownership or rental housing unit, including senior housing, affordable by households with very low, low or moderate incomes as defined in this chapter. The unit shall be deemed affordable if it meets the requirements of Health and Safety Code Section 50052.5(b) for owner occupied housing and Section 50053(b) for rental housing.
“Developer” means the person(s) or legal entity(ies), who also may be the property owner, who is developing a particular project in the City. “Dwelling unit” means a dwelling designed and intended for occupancy by one household.
“Habitable space” means floor area within a dwelling unit designed, used, or intended to be used exclusively for living and sleeping purposes.
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“Housing costs” means the monthly mortgage principal and interest, property taxes, homeowners' insurance, utility allowance and condominium fees, where applicable, for ownership units; and the monthly rent and utility allowance for rental units. “HUD” means the United States Department of Housing and Urban Development or its successor.
“Large project” means a residential development with seven units or more. “Resale controls and/or rent restrictions” means legal restrictions, as set forth by the City of Union City, State and Federal law, by which the affordable units shall be restricted to ensure that the unit remains affordable to very low, low or moderate income households, as applicable, permanently or for the longest period allowed by law. Such resale controls and/or rental restrictions shall generally be consistent with the requirements of Health and Safety Code Section 33334.3(f), as amended from time to time, and as may be more particularly set forth in this chapter. With respect to rental units, such rent restrictions shall generally be in the form of a regulatory agreement recorded against the applicable property. With respect to owner occupied units, such resale controls shall generally be in the form of resale restrictions, deeds of trust and/or other similar documents recorded against the applicable property. “Residential development” includes, without limitation, detached single-family dwellings, multiple dwelling structures, groups of dwellings, condominium or townhouse developments, condominium conversions, cooperative developments, mixed use developments that include housing units, and residential land subdivisions intended to be sold to the general public.
“Residential project” includes contiguous or non-contiguous parcels that have one or more applications filed within a 24 month period and which are under the same ownership.
“Small project” means a residential development with six units or less. “Very low, low and moderate income levels” means those income and eligibility levels determined periodically by the United States Department of Housing and Urban Development based on the Oakland Standard Metropolitan Statistical Area (SMSA) median income levels by family size. Such levels shall be calculated on the basis of gross annual household income considering household size and number of dependents, income of all wage earners, elderly or disabled family members and all other sources of household income and will be recertified as set forth by local standards, State and Federal housing law.
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1. “Very low income” means 50% or under of the SMSA median, adjusted for actual household size.
2. “Low income” means 51% to 80% of the SMSA median, adjusted for actual household size.
3. “Moderate income” means 81% to 120% of the SMSA median, adjusted for actual household size.
V. CHAPTER 18.34. ACCESSORY DWELLING UNITS
UCMC Chapter 18.34, Accessory Dwelling Units, is rescinded and replaced to read as follows:
§ 18.34.010 Purpose.
The purpose of this chapter is to implement Government Code Sections 65852.1, 65852.2, and 65852.22 et seq., by allowing the creation of accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) through ministerial review subject to meeting the criteria defined below.
§ 18.34.020. Applicability.
A. Accessory Dwelling Unit (ADU).
1. Within areas zoned to allow single-family that contain an existing or proposed single- family residence, or in areas where there is an existing legal non-conforming single- family.
2. Within areas zoned to allow multifamily or mixed-use developments, or in areas where there is an existing legal non-conforming multifamily development,
B. Junior Accessory Dwelling Unit (JADU).
1. Within areas zoned to allow single-family or multifamily residential uses that contain an existing or proposed single-family residence, or in areas where there is an existing legal non-conforming single-family residence.
C. In the event of a conflict between these standards and the underlying zoning district regulations, the provisions of this chapter shall apply. § 18.34.030. General requirements.
A. On lots with an existing, or proposed, single-family dwelling, one ADU shall be permitted subject to the following requirements:
1. Criteria. ADUs may be established through:
a. Conversion of existing floor space in a single-family residence; b. A single-story addition to an existing single-family residence; c. Conversion of an existing, permitted detached accessory structure; City Council/RSA Agenda 162 Tuesday, March 11, 2025
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d. The construction of a new ADU as permitted in this section; e. Construction of a new primary residence with an ADU; f. The conversion of an existing garage; and
g. ADUs may be prohibited on lots with SB 9 Housing Developments, subject to the requirements of Chapter 18.31.
2. Location. ADUs shall meet the setback requirements for the primary residence in the zoning district in which they are located, except as follows:
a. No additional setback shall be required for an existing, legally constructed structure, that is converted to an ADU, or an ADU constructed in the same location and to the same dimensions as an existing structure.
b. A setback of at least four feet from the interior side and rear lot lines shall be required for a new ADU.
c. ADUs shall not occupy a required front yard if it is possible to build a unit that measures 800 square feet or less, elsewhere on the lot. d. Attached ADUs shall maintain a minimum five foot separation from detached structures on the lot.
e. Detached ADUs shall maintain a minimum five foot separation from other structures on the lot.
f. Additional setbacks may be required for attached or detached ADUs over 800 square feet in area when the unit is located on a corner lot or a through lot.
g. ADUs constructed as a second-story addition to an existing residential structure shall comply with all setbacks and design requirements established by the zoning district in which the ADU is located.
3. Size. ADUs shall be between 150 and 1,000 square feet in floor area. a. ADUs shall not exceed 850 square feet if they contain one bedroom or less and 1,000 square feet if they contain at least two bedrooms. b. ADUs over 800 square feet shall be subject to lot coverage, floorarea ratio, setbacks, and other applicable residential development standards for the primary residence.
c. Enclosed patios or other enclosed non-conditioned space (as defined by the California Building Code) directly accessible from or solely attached to an ADU shall be included in the square footage of the unit.
4. Height.
a. Attached ADUs shall be subject to the height limitations established by the zoning district in which the ADU is located.
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b. Detached ADUs shall be limited to one story with a maximum height of 16 feet.
5. Facilities. ADUs shall, at minimum, include a full bathroom including shower and/or bathtub, a sleeping area, permanent cooking facilities, and a separate, exterior entrance.
6. Occupancy. ADUs may not be sold separately from the primary residence but may be rented separately. ADUs may not be used for short-term rentals (less than 30 days).
7. Parking. No additional parking shall be required through creation of an ADU. When an existing garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or converted into an ADU, the parking spaces shall not be required to be replaced.
8. Lot Coverage. The total lot coverage for all buildings shall not exceed the allowable lot coverage for the zoning district except that such ratio shall not prohibit an 800 square foot ADU meeting the maximum height and minimum setback requirements.
9. Utilities. Adequate water and sewer service shall be available to support the ADU; all new utility connections shall be undergrounded.
10. Addressing. Street addresses shall be assigned to all ADUs to assist in emergency response prior to building permit issuance. An address shall be placed at the front of the lot, visible from the public right-of-way, and at the main entrance to the ADU if not visible from the public right-of-way.
11. Subdivision. No subdivision of lands nor air rights shall be allowed.
12. Design Standards.
a. Building façades and materials:
i. No façade shall run in a continuous plane of more than 15 feet without incorporating one or more of the following:
(A) A vertical wall shift of at least one foot in depth; (B) A change in material type;
(C) Window or building entrance; or
(D) A projection such as a stoop, bay or overhang.
(E) Exceptions. Exceptions may be granted by the
Director where the Director finds that adequate design
features have been incorporated to create visual
variety and avoid a bulky or monolithic appearance.
ii. A minimum of three exterior colors or a combination of materials and colors shall be used on the building façade. (A) Stucco must be used in combination with a secondary material.
iii. Second story façades shall incorporate the following:
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(A) A minimum of a six foot inset from the front wall plane. (B) A minimum of an 18 inch inset from the side and rear wall plane.
(C) Exceptions. Exceptions may be granted by the
Director to accommodate a complete architectural
style or alternative detailing that complement the
architectural character of the existing structure.
b. Windows and Glazing.
i. All windows shall incorporate the following:
(A) Trim at least three inches in width must be provided around all windows, or window must be recessed at
least two inches from the plane of the surrounding
exterior wall.
(B) Exceptions may be granted by the Director to
accommodate alternative window designs
complementary to the architectural style of the
structure.
ii. Upper story windows located less than 10 feet from and facing rear or side yard of an adjacent property shall be located to maximize privacy for adjacent properties by using at least one of the following techniques:
(A) Attached ADUs with upper story windows located less than 10 feet from and facing the rear or side yard of
an adjacent property shall be located to maximize
privacy for adjacent properties by using at least one of the following techniques:
(1) Sill height located a minimum of 60 inches
above the finished floor;
(2) Location of the window is such that the
centerline of the glazing is offset greater than
15 lateral feet from the centerline of any
glazing on an existing adjacent structure; or
(3) Any window located partially or entirely below
60 inches from the finished floor consists of
frosted or obscured glazing.
c. Roof Form and Detailing.
i. New structures shall provide a roof pitch no less than two and one-half (2.5) inches of vertical rise for each 12 inches of horizontal run.
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ii. ADUs resulting from alterations or additions to an existing structure shall provide the same roof form, material, and color as the existing structure.
iii. New buildings shall provide a roofing material that is the same as the predominant roofing material throughout
properties within 100 feet.
iv. Roof material and color shall be the same throughout the entirety of the roof.
v. Overhanging eaves shall extend a minimum of 12 inches beyond the supporting wall.
vi. Exceptions. Exceptions may be granted by the Director to the requirements listed above to accommodate a complete architectural style or alternative roof forms and detailing that complements the architectural character of the existing development.
d. Principal Entrance.
i. A three foot covered entry above the primary entrance to the ADU shall be provided.
ii. The covered entry requirement may be achieved by insetting the door into the ADU.
e. Exterior Stairways. Exterior stairways providing access to an upper story are prohibited
f. Balconies. Usable balconies and upper-story decks are prohibited on ADU units.
g. Historic Properties. For properties located within the Landmark and Historic Preservation Overlay Zone, or included in the California Register of Historical Resources, the National Register of Historic Places, or considered a historic resource after completion of a historic resource evaluation, any new addition for an attached ADU shall be located along the rear wall of an existing single-family dwelling, unless the ADU is fully enclosed within the existing building walls. The attached ADUs shall adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer.
13. Exemptions. A project may be exempted from one or more of the established standards if it is determined that the specific standard(s) would make it infeasible for an 800 square foot ADU to be constructed on City Council/RSA Agenda 166 Tuesday, March 11, 2025
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a property consistent with California Government Code, Section 65852.2, subdivision (e).
14. Impact Fees. ADUs over 750 square feet are subject to all applicable impact fees. Assessment of impact fees shall be proportional to the primary residence.
B. Either attached or detached ADUs shall be permitted within a multifamily development subject to the following criteria:
1. Attached Units. ADUs may be allowed within existing portions of a multifamily or mixed-use development that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, and/or garages, if each unit complies with state building standards for dwellings.
a. Number of Units. At least one attached ADU may be provided per lot.
b. Additional attached ADUs, may be permitted, up to a maximum of 25% of total number of all units within the multifamily or mixed-use development.
c. A fraction of one-half (0.5) or more is rounded up and a fraction that is less than one-half (0.5) is disregarded.
2. Detached Units. Up to two detached ADUs with a maximum height limit of 16 feet, a minimum rear and side setbacks of four feet, and a maximum area of 800 square feet shall be allowed in a multifamily development. a. The two detached units can also be created through conversions of existing detached accessory structures.
C. On lots with an existing or proposed single-family dwelling, one junior accessory dwelling unit (JADU) shall be permitted subject to the following regulations, subject to the limitations for lots with SB 9 Housing Developments established by Chapter 18.31:
1. JADUs shall be constructed entirely within the walls of an existing primary residence. JADUs shall be created from existing habitable space and/or from existing garage space.
a. Size. JADUs shall not exceed 500 square feet in floor area. b. Facilities. A private bathroom is not required for a JADU, provided that the unit has full access to a bathroom in the primary residence.
If a bathroom is shared with the remainder of the primary residence, it shall not be included in the square footage calculation. i. An efficiency kitchen, including a cooking facility with appliances and a food preparation counter that is a
reasonable size in relation to the size of the JADU shall be provided;
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ii. A separate exterior entrance.
c. Parking. No additional parking is required, however, if a covered and enclosed parking space is demolished in the construction of the JADU, then the parking space shall be replaced at a ratio of one to one.
d. Occupancy. JADUs may not be sold separately from the singlefamily residence but may be rented separately. JADUs may not be used as a short-term rental (less than 30 days). The primary residence must be owner-occupied, but the owner may reside in either the JADU or the primary residence. This owner-occupancy requirement does not apply to primary residences owned by a public agency, land trust, or non-profit housing organization. e. An addition of up to 150 square feet that meets minimum four-foot side and rear setbacks may be allowed to accommodate
ingress/egress to the JADU provided that the addition meets all Building and Fire safety requirements.
2. Restrictions. A deed restriction shall be recorded prior to the issuance of building permits to prohibit the subdivision or sale of the JADU separate from the primary residence and include the following provisions:
a. The deed restriction shall be enforced against future purchasers; and
b. Restricts the size and features of the JADU.
§ 18.34.040. General procedures.
Development of an ADU and/or JADU shall be subject to issuance of a building permit within 60 days of submission of an application that includes all items listed on the City’s ADU/JADU submittal checklist and is consistent with applicable requirements. However, if an ADU is proposed as part of an application that requires discretionary review, a building permit shall not be issued for the ADU or JADU until the discretionary approval(s) have been granted and any appeal period(s) has/have passed.
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§ 18.34.010 Purpose.
The purpose of this section is to implement Government Code Sections 66310 – 66342 by allowing the creation of accessory dwelling units (ADUs) and/or junior accessory dwelling units (JADUs) through ministerial review. In the event of any conflict or discrepancy between the ADU and/or JADU standards in this Chapter and any other provisions of this Title, the standards contained in this Chapter shall take precedence. §18.34.020 General Requirements.
A. Building Permit Required. All ADUs and/or JADUs, including those that are internal to an existing structure and converted from existing floor area, shall be subject to a building permit.
B. Permitting Procedure.
1. Ministerial Review. A permit application for an ADU and/or JADU shall be processed ministerially, without discretionary review or a hearing.
2. Review Period.
a. Developed Lot. If there is an existing single-family or multifamily dwelling on a lot, a permit application for an ADU and/or JADU shall either be denied or approved within 60 days of receipt of a complete application.
b. Undeveloped Lot. If a permit application to create or serve an ADU and/or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on a lot, the City may delay approving or denying the permit application for the ADU and/or JADU until the City approves or denies the permit application to create the new single-family or multifamily dwelling; however, the application to create or serve the ADU and/or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
3. Deemed Approved. If a complete application is not approved or denied within 60 days of receipt of a complete application, the application shall be deemed approved.
4. Denied Applications. If an application for an ADU and/or JADU is denied within 60 days of receipt of a complete application, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.
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5. Nonconforming Conditions. No application for a permit to create an ADU and/or JADU shall be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that:
a. Do not present a threat to public health and safety; and b. Are not affected by the construction of the ADU and/or JADU.
C. Separate Entrance. ADUs and/or JADUs shall provide at least one exterior entrance that is separate from the main entrance of the primary dwelling.
D. Separate Address. ADUs and/or JADUs shall provide a separate address from the primary dwelling.
§18.34.030 ADU Regulations.
A. General Plan and Zoning.
1. Residential Use. ADUs approved in compliance with this chapter shall be considered a residential use that is consistent with the existing general plan and zoning designation for the lot.
2. Permitted Locations. ADUs are permitted on lots with an existing or proposed single-family or multifamily dwelling in areas zoned to allow single-family or multifamily residential use.
3. Density. ADUs shall not count toward the maximum density permitted on the lot.
B. ADU Typology. ADUs shall be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.
C. Objective Standards.
1. Number of ADUs.
a. Single-Family ADUs.
i. In addition to a JADU, no more than two ADUs shall be permitted on the same lot that has an existing or proposed single-family dwelling as follows:
(A) One attached or detached, new construction ADU, or
(B) One detached, new construction ADU that does not
exceed 800 square feet and one ADU that is within
the proposed space of a single-family dwelling or
existing space of a single-family dwelling or accessory structure and may include an expansion of not more
than 150 square feet beyond the same physical
dimensions as the existing accessory structure. An
expansion beyond the physical dimensions of the
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existing accessory structure shall be limited to
accommodating ingress and egress.
b. Multifamily ADUs.
i. Conversion ADUs. A minimum of one ADU and a maximum
of 25-percent of the total number of existing multifamily dwelling units shall be permitted to be converted from
existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with the State building standards for dwellings.
ii. Detached ADUs.
(A) Existing Multifamily Dwelling. On a lot with an
existing multifamily dwelling, not more than eight
detached ADUs shall be permitted. The number of
ADUs shall not exceed the number of existing
multifamily units on the lot.
(B) Proposed Multifamily Dwelling. On a lot with a
proposed multifamily dwelling, not more than two
detached ADUS shall be permitted.
2. Size. The maximum allowable square footage for ADUs shall not exceed the area limitations specified below. For the purposes of this section, the calculation of ADU square footage shall not comprise garages, carports, covered porches/patios, breezeways, and/or other accessory structures. a. Existing Floor Area. ADUs converted from existing floor area shall not be subject to any size limitations.
b. New Floor Area.
i. Attached ADUs. Attached ADUs created from new floor
area shall not exceed 1,000 square feet.
ii. Detached ADUs. Detached ADUs created from new floor area shall not exceed 1,200 square feet.
3. Height.
a. Existing Floor Area. ADUs converted from existing floor area shall not be subject to height limitations.
b. New Floor Area.
i. Attached ADUs. Attached ADUs created from new floor
shall not exceed a height of 30 feet or the maximum height permitted in the underlying zoning district. In all cases, ADUs shall not exceed two stories.
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ii. Detached ADUs. Detached ADUs created from new floor area, on a lot with an existing or proposed single family or multifamily dwelling unit, shall not exceed a height of 16 feet, or a height of 18 feet if either of the following conditions are met:
(A) Transit Proximity. The lot on which the ADU will be created is within one-half mile walking distance of a
major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code
Section 21155. An additional height of two feet, for a
maximum height of 20 feet, shall be allowed to
accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
(B) Multifamily, Multistory Structure. The lot on which the ADU will be created consists of an existing or
proposed multifamily, multistory dwelling.
4. Setbacks.
a. Existing Floor Area. ADUs located within an existing living area or an existing accessory structure, or ADUs that replace an existing structure and are in the same location and to the same dimensions as the structure being replaced, shall not be subject to setbacks. b. New Floor Area. ADUs created from new floor area are subject to the following setbacks:
i. Front Yard. Same as the underlying district, unless the ADU is no greater than 800 square feet in size, in which case, no front-yard setback applies.
ii. Side Yard. A minimum of four feet.
iii. Rear Yard. A minimum of four feet.
5. Parking. ADUs shall not be subject to the City’s minimum parking requirements. Additionally, replacement parking shall not be required when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU. A demolition permit for a detached garage to be replaced with an ADU shall be reviewed and issued concurrently with the ADU permit application.
6. Historic Resources. An ADU that involves exterior modifications to structures listed in the California Register of Historical Resources shall be designed and constructed in conformance with the objective standards for preservation provided in the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
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D. Building Code Requirements. ADUs must comply with the City’s building code requirements for detached dwellings. However, constructing an ADU does not constitute a Group R occupancy change under Section 310 of the California Building Code (Title 24), unless the Building Official issues a written finding, supported by substantial evidence, that the construction poses a specific, adverse impact on public health and safety. This provision shall not prevent the City from changing the occupancy code for spaced converted from uninhabitable or non-residential use to residential use.
E. Fire Sprinklers. ADUs shall not be required to provide fire sprinklers if fire sprinklers are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
F. Impact Fees. ADUs that are 750 square feet or larger shall be subject to all applicable impact fees. Impact fees shall be charged proportionally in relation to the square footage of the primary dwelling unit. As ascribed in Government Code Section 66324, as the same may be amended from time to time, and reprinted here for reference, “impact fee” means:
A “fee” as defined in subdivision (b) of [Government Code] Section 66000, expect that it also includes fees specified in [Government Code] Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
G. Passageway. No passageway shall be required in conjunction with the construction of an ADU. As ascribed in Government Code Section 66313, as the same may be amended from time to time, and reprinted here for reference, “passageway” means:
A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.
H. Separate Sale. Except as permitted by Government Code Section 66341, as the same may be amended from time to time, ADUs shall not be sold or conveyed separately from the primary dwelling.
I. Sewage. ADUs using a private sewage disposal system shall obtain approval by the local health officer.
J. Short-Term Rental Limitation. ADUs shall not be rented for a term of less than 30 days.
K. Utility Connection. ADUs constructed within the proposed space of a primary dwelling or existing space of a primary dwelling unit or accessory structure shall not be required to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family dwelling, or upon separate conveyance of the ADU pursuant to Government Code Section 66341.
City Council/RSA Agenda 173 Tuesday, March 11, 2025
DRAFT
Ordinance No. _____ – 25: Exhibit B
AT-25-001: Zoning Text Amendments (Redlined Version)
§18.34.040 JADU Regulations.
A. Permitted Locations. JADUs shall be permitted in single-family residential zones.
B. Number of JADUs. In addition to any ADUs, no more than one JADU shall be permitted per residential lot zoned for single-family residences with a singlefamily residence built, or proposed to be built, on the lot.
C. Size. JADUs shall be limited to a maximum size of 500 square feet in floor area.
D. Owner Occupancy. JADUs shall be subject to owner-occupancy either in the remaining portion of the single-family residence or the newly created JADU.
Owner occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
E. Deed Restriction. A recordation of a deed restriction, which shall run with the land, shall be filed with the City. The deed restriction shall include:
1. A prohibition of the sale of the JADU separate from the sale of the singlefamily residence, including a statement that the deed restriction may be enforced against future purchasers; and
2. A restriction on the size and attributes of the JADU that conforms with Government Code Sections 66333 – 66339.
F. Interior Entry. In addition to a separate exterior entrance, JADUs that do not comprise a bathroom shall include an interior entry to the main living area of the single-family residence.
G. Efficiency Kitchen. JADUs shall provide an efficiency kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
H. Parking. No parking spaces (additional or replacement) shall be required as a condition of permitting a JADU, even when the JADU is converted from an attached garage.
I. New or Separate Unit. JADUs shall not be considered a separate or new dwelling unit for the purposes of:
1. Any fire and life protection ordinance or regulation.
2. Providing service for water, sewer, or power, including a connection fee.
City Council/RSA Agenda 174 Tuesday, March 11, 2025
DRAFT
Ordinance No. _____ – 25: Exhibit B
AT-25-001: Zoning Text Amendments (Redlined Version)
VI. STATUTORY REFERENCES FOR CALIFORNIA CITIES
Title SR, Statutory References for California Cities, is amended to modify the section below:
§SR.010 General Provisions.
Subject Reference
Accessory dwelling units Gov’t Code § 65852.15066310 et seq.
Administrative fines and penalties Gov’t Code § 53069.4 Alternative forms of government Gov’t Code § 34851 et seq.
Authority to adopt, amend, revise or repeal
city charters
Cal. Const. Art. XI, § 3 et seq.
Citations for infractions and misdemeanors Penal Code §§ 853.5 – 853.85 Classifications of cities Gov’t Code §§ 34100 – 34102
Code adoption Gov’t Code §§ 50022.1 – 50022.10
Conflict of interest code Gov’t Code § 87100 et seq.
Elections Gov’t Code
§§ 34050 and 36503 and Elec.
Code §§ 1301, 9200 et seq.,
and 10100 et seq.
Expedited judicial review of First Amendment
cases
Civ. Proc. Code § 1094.8
False petitions Gov’t Code § 34093
General powers Gov’t Code § 37100 et seq. and Cal.
Const. Art. XI, § 7
Imprisonment Gov’t Code §§ 36901, 36903 – 36904
Initiative and referendum Cal. Const. Art. XI, § 7.5 and Elec.
Code §§ 9200 et seq., and 9235 et
seq.
Judicial review of city decisions Civ. Proc. Code § 1094.6 Ordinances Gov’t Code § 36900 et seq.
Penalties for ordinance violations Gov’t Code § 36900 et seq.
Police power Cal. Const. Art. XI, § 7
Procedure for enactment or revision of city
charters
Gov’t Code § 34450 et seq.
City Council/RSA Agenda 175 Tuesday, March 11, 2025
DRAFT
Ordinance No. _____ – 25: Exhibit B
AT-25-001: Zoning Text Amendments (Redlined Version)
Subject Reference
Administrative fines and penalties Gov’t Code § 53069.4 Alternative forms of government Gov’t Code § 34851 et seq.
Authority to adopt, amend, revise or repeal
city charters
Cal. Const. Art. XI, § 3 et seq.
Citations for infractions and misdemeanors Penal Code §§ 853.5 – 853.85 City Council/RSA Agenda 176 Tuesday, March 11, 2025
Desk Item
DATE: FEBRUARY 6, 2025
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL,
ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ITEM 6.B.1 – ZONING TEXT AMENDMENT (AT-25-001) Staff received questions/comments from Planning Commissioner Lew regarding the proposed zoning text amendments, which pertain to accessory dwelling units (ADUs).
The following are the questions/comments and staff’s responses (in red italics).
Commissioner Lew Comments/Questions
1. Staff report, page 3 of 11, Chart 1 shows the number of permits issued by Union City for ADUs. Of these permits, how many ADUs were actually constructed and how many are single story units that were constructed on a slab foundation? The primary benchmark for tracking the City’s progress towards meeting its Regional Housing Needs Allocation (RHNA) is the number of building permits issued, which is reflected in Chart 1 of the staff report. Per the Building Division, 59 ADUs were completed (i.e., constructed) between 2020 and 2024. It should be noted that construction activities often span multiple years; an ADU permitted today may not reach completion until several years later. This timeline can be further extended if additional work is required, such as installing new connections or utilities, or if external agencies impose further requirements or are not able to schedule a timely appointment for new connections.
Regarding Foundations: Although foundation plans are evaluated during the City’s building permit review process, the City does not maintain a separate inventory of ADU foundation types. As such, this data is not readily available and extracting such details would require a more extensive review of individual permit records.
2. Exhibit B, page 12 of 19, Section 18.34.020B.2.b, the last sentence states Attachment 6
City Council/RSA Agenda 177 Tuesday, March 11, 2025
“If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.”
Please explain the word “tolled” and how that process works as it regards an applicant’s request for a delay.
The term “tolled” in Section 18.34.020B.2.b is used to align with the language of Government Code §§ 66317 and 66320. Although State ADU law, specifically Government Code § 66313, does not define “tolled,” the term is a standard legal concept generally understood to mean the stopping, pausing, or suspending of a time period.
In the context of an applicant’s request for a delay, the 60-day review period referenced in Section 18.34.020B.2.b is effectively paused for the duration of the delay requested by the applicant. Once the delay period concludes, the 60-day timeline resumes from the point at which it was tolled. This ensures that the applicant’s request for additional time does not count against the statutory review period established under state law.
Below is an example to illustrate how the tolling process would work:
An applicant submits a complete ADU application on March 1. Under the 60-day review timeline, the City would be required to take action on the application by April 30 (60 calendar days from March 1).
However, if on March 15 (after 14 days), the applicant requests a delay and the delay lasts for 10 days, the 60-day timeline would be paused (tolled) during this period.
• The delay begins on March 15 and ends on March 25.
• The “clock” resumes on March 26, with 46 days remaining in the 60-day review period.
• The new deadline for City action would be May 10 instead of April 30, reflecting the additional 10-day pause.
3. Exhibit B, page 16 of 19, Section 18.34.030D, last sentence – should “spaced” be “space”? Please clarify.
The error is noted and Section 18.34.030D will be corrected to “space” prior to the City Council’s consideration.
4. Exhibit B, page 16 of 19, Section 18.34.030K – does this section confirm that separate meters for water, gas and electric utility services are not required for new ADUs? If so, who is responsible for paying the cost of the utilities for the new ADUs? Please explain.
City Council/RSA Agenda 178 Tuesday, March 11, 2025
Section 18.34.030K is intended to align with Government Code § 66324, which provides exemptions for ADUs constructed within existing structures from requiring separate utility connections and associated fees. This provision ensures that ADUs and JADUs created within the existing space of a primary dwelling or accessory structure, as outlined in Government Code § 66323(a)(1), are not required to install new or separate utility meters—unless the ADU is built concurrently with a new single-family dwelling.
For newly constructed ADUs that are not created under Government Code § 66323(a)(1), a separate utility connection directly from the service provider to the ADU may be required.
Regarding responsibility for utility payments, if an ADU does not have separate meters, the property owner typically remains responsible for covering the associated utility costs, as the ADU’s utility usage would be integrated with that of the primary residence.
However, property owners may choose to allocate utility costs to ADU occupants through cost-sharing agreements or other arrangements.
5. Will ADU and JADU rentals be subject to Union City’s rent ordinances? Please explain.
Union City Municipal Code Chapters 5.50, Residential Landlord and Tenant Relations, and 5.55, Rent Review, apply to all residential units, including ADUs and JADUs, in the city.
City Council/RSA Agenda 179 Tuesday, March 11, 2025
1 / X
Item 6.1
Zoning Text Amendment (AT-25-001)
City Council/RSA Agenda 180 Tuesday, March 11, 2025
2 Request
Consider zoning text amendments to Union City
Municipal Code to:
• Rescind and replace Chapter 18.34, Accessory
Dwelling Units
• Make minor amendments to other chapters for
consistency with updates to Chapter 18.34
City Council/RSA Agenda 181 Tuesday, March 11, 2025
3 Background
•State Law and Intent
• Incentivize and promote the creation of ADUs
• Remove barriers, streamline approval, and increase
capacity
• Housing Element Program HE-2.D
• Promote the development of ADUs
• Objective: Produce 120 ADUs between 2023 – 2031
City Council/RSA Agenda 182 Tuesday, March 11, 2025
4 Approach
HCD – Review Letters
3 Government Code Government Code
HCD – ADU Handbook
1 1
1 City Council/RSA Agenda 183 Tuesday, March 11, 2025
5 New Legislation
AB 345
2022 2023 2024 2025
SB 477
AB 2221 AB 976 AB 2533
SB 897 SB 1211
City Council/RSA Agenda 184 Tuesday, March 11, 2025
6 Proposed Amendments
18.08.205 (ADU Definition): Update definition to match state law.
18.08.206 (JADU Definition): Update definition to match state law.
18.31.020 (SB 9 – Definitions): Remove the ADU and JADU definitions
18.32.060 (Site Area Per Dwelling Unit): Amended to point to ADU chapter to capture future changes under state law.
18.33.020 (Affordable Housing – Definitions): Amended to remove terms defined elsewhere (i.e., Chapter 18.08).
18.34 (ADU Regulations): Rescind and replace chapter.
Minor Major
City Council/RSA Agenda 185 Tuesday, March 11, 2025
7 Key Standards
Standard ADU JADU
Location Any residential district Single-family zones
Maximum Number of
Units
• Single Family: 2
• Multifamily
• Conversion: 25% of existing
units (at least 1)
• Detached: 8
1 Maximum Size (sf)
• Conversion: No limit
• Attached: 1,000
• Detached: 1200
500
City Council/RSA Agenda 186 Tuesday, March 11, 2025
8 Standard ADU JADU
Setbacks 0 – 4 As required for
primary dwelling
Height 16 – 30 As required for
primary dwelling
Parking 0 0
Key Standards
City Council/RSA Agenda 187 Tuesday, March 11, 2025
9 • Held on February 6, 2025 to review the proposed
amendments
• Some Commissioners expressed concerns about
potential limitations on the City’s authority
• A desk item was prepared in response to Chairperson
Lew’s questions/comments
• Planning Commission voted 3-1, with one abstention, to recommend approval of the proposed amendments
Planning Commission Hearing
City Council/RSA Agenda 188 Tuesday, March 11, 2025
10 2
City Council
Introduce
Ordinance
3 City Council
Second Reading
4 HCD
Compliance
Verification
1 Planning
Commission
Recommendation to
City Council
Next Steps
2/6/2025 3/11/2025 4/8/2025* 5/6/2025*
*Target Date
City Council/RSA Agenda 189 Tuesday, March 11, 2025
11 Consistent with the Planning Commission
recommendation, staff recommends that the City
Council hold a public hearing and introduce an
Ordinance approving Zoning Text Amendment
(AT-25-001) and find that the proposed
amendments are exempt from CEQA
Recommendation
City Council/RSA Agenda 190 Tuesday, March 11, 2025